Full Description
Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed. This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations. The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.
Contents
Introduction.- PART I: The Regulation of Work: Imagining the Future.- 1. A New Vocabulary and Imaginary for Labour Law: Taking Legal Constitution, Gender, and Social Reproduction Seriously; Judy Fudge.- 2. Labour Law: Issues of Inclusion and Differentiation; Douglas Brodie.- 3. The Equality Agenda; Bob Hepple.- PART II: Beyond the Employment Contract?.- 4. Regulating the Engagement of Non-Employed Labour: A View from the Antipodes; Joellen Riley.- 5. The Changing Nature of Work and the Regulation of Health and Safety; Richard Johnstone.- PART III: Shifting Paradigms.- 6. Labour Market Regulation in Asia: The Growing Dominance of Market-based Mechanisms?; John Benson.- 7. Collective Labour Rights in EU and International Law: Consolidation, Reconciliation and Beyond?; Nicole Busby and Rebecca Zahn.- 8. Reforms of Collective Labour Law in Time of Crisis: Towards a New Landscape for Industrial Relations in the European Union?; Isabelle Schömann.- PART IV: Alternative Structures: Fundamental Social Rights, Decent Work and Human Rights.- 9. What is Decent about 'Decent Work'? An Argument for a Right to Decent Work in South Africa; Jan Theron.- 10. Labour in the Economic Social Cultural Rights Regime of the Inter-American System on Human Rights; Rose-Marie Belle Antoine.- Conclusions.
